The Rising Wave of State Bans on Disposable Vapes: What’s the Actual Impact?

Jennifer Greyber
14 hours ago
9 min read

by Bolu Abe-Lathan, PA-C, Duke Smoking Cessation Program

Though thousands of flavored and disposable vapes may disappear from store shelves across the country, tobacco prevention and control and health policy experts warn that these bans aren’t enough to protect youth.

Photo of tobacco products on a shelf at a vape shop

Tobacco treatment specialists and other clinicians are on the front lines of a growing public health challenge: helping youth and young adults break free from vaping. With a surge in state-level bans on flavored and disposable vape products, the landscape is shifting rapidly—and so are the opportunities to support patients in quitting using evidence-based strategies. In this post, we break down the latest regulations, what impact they will actually have, and how you can use these changes as a springboard for meaningful conversations about quitting.

What’s Happening

E-cigarette regulation in the US is entering a new phase. A growing number of states are moving to ban or tightly restrict disposable vapes that have not been authorized for sale by the US Food and Drug Administration (FDA). As of this post, the FDA has authorized the sale of tobacco- and menthol-flavored e-cigarettes from just four companies – Vuse, Njoy, Logic, Juul. This means that the majority of e-cigarettes that are sold in stores are illegal and most of these are flavored disposable devices. The state regulations aim to get these unregulated products off store shelves.

An important point to make here is that these e-cigarettes are not “FDA approved” for treatment or safe use like tobacco cessation medications; they are simply being authorized for sale in the US. These are still harmful and addictive tobacco products. Another loophole to the FDA authorization process, is that companies who have submitted an application to the FDA are allowed to continue selling their e-cigarette products while they wait for FDA review, which means unapproved products will still appear on store shelves.

Why States Are Acting

States are acting for several key reasons. Youth vaping continues to be a pressing concern, especially with disposable vapes that feature fruit, candy, and dessert flavors. The latest National Youth Tobacco Survey showed that 5.9% of students (1.63 million) use e-cigarettes and over 80% used flavored, disposable devices. At the federal level, the FDA’s Premarket Tobacco Product Applications (PMTA) process – often criticized for being slow and inefficient – has left thousands of unreviewed products on the market. Safety and quality are also major issues, as counterfeit or unregulated devices often contain inconsistent nicotine levels, harmful contaminants, or defective batteries. States see bans as a way to pressure manufacturers toward compliance while signaling that only FDA-authorized products should remain available.

It is also important to note that vaping has never been approved by the FDA as a cessation method. Yet research has shown that 89% of daily e-cigarette users reported using these as a means to cut back on smoking cigarettes, which can be problematic because self-directed quit attempts with e-cigarettes often lead to dual use – individuals don’t quit smoking cigarettes completely and are now regularly using e-cigarettes, which continue nicotine addiction.

Most youth and adults use disposable, flavored e-cigarettes, which are known to increase nicotine dependence in many cases. Reduced product variety may encourage some to quit altogether, which is what my colleagues and I have seen recently among young adults and older e-cigarette users. However, tobacco control and prevention and public health policy experts caution that these new “vapor registry laws” aren’t doing enough to protect youth.

The Public Health Law Center explains that these laws will help remove many thousands of products – especially popular flavored, disposable, foreign-made e-cigarettes – from store shelves. However, there’s a caveat. U.S. manufacturers of e-cigarettes such as Altria and Juul will be able to continue selling their products that easily fall into the hands of youth in places like NC where the legal age to purchase tobacco products is 18. The Public Health Law Center asserts that most of these registry bills were supported by tobacco industry lobbyists. “The registry laws keep [foreign] competitors out of the marketplace without creating meaningful restraints on their ability to sell their own products,” they conclude in a recent review of the e-cigarette registry laws.

Why Public Health Policy and Tobacco Prevention and Control Experts Are Worried

Policy and prevention expert Meg Molloy, DrPH, MPH, the Campaign Director for the Tobacco 21 Coalition, shared some insights about the new “vapor registry laws” that are popping up around the country. She and her team are working to get legislation passed in North Carolina that will tighten regulations and decrease youth tobacco use in a meaningful way. Raising the age of sale for tobacco products from 18 to 21 years old in North Carolina is a top priority for this goal, she says.

“The Vapor Registry laws are an American tobacco industry strategy to increase the market share of their vapes by removing competition from foreign vapes,” she explained in an e-mail to me. “It is easier to get a sense of this at the N.C. General Assembly since the law was encouraged and supported by the tobacco industry lobbyists.”

“Some at the legislature are saying this will fix the youth vaping problem, [but] the Vapor Registry does not prohibit retailers from selling e-cigarettes to minors. The age to purchase is still 18 and largely unenforced in NC, and there are thousands of vapes still available.”

Meg says registry laws can distract from evidence-based, effective regulations. Strong tobacco retail licensure laws – requiring licensure fees, merchant education, regular inspections, and compliance checks – have been shown to be more effective in decreasing youth access to and use of e-cigarettes.

Map of the US shows states' e-registry bill status: Red for passed, Gold for considering, Blue for public-health focus, Gray for none.

Source: The Public Health Law Center - https://www.publichealthlawcenter.org/resources/state-e-cigarette-registry-bill-map

State-Level Actions & Proposed Laws

North Carolina has already begun enforcing restrictions created by the current Vapor Registry Law as of July 1, 2025, allowing only disposable vapes listed on a state directory of FDA-authorized products to be sold. Wisconsin has a similar law that was set for September 1, 2025; although legal challenges may affect its rollout. There are several other states that have already acted (see the box below for a state-by-state breakdown). Although details vary, most bans allow tobacco or menthol flavors or exempt FDA-authorized devices. Enforcement remains uneven, with challenges in courts and across state lines, raising ongoing questions about their long-term impact.

States with Disposable and/or Flavor Vape Restrictions

California	Bans the retail and online sale of flavored tobacco products, including menthol (effective Dec 2022)
Massachusetts	Comprehensive flavor ban since 2019, covering vapes and menthol cigarettes
New York	Ban on all flavored nicotine vapor products except tobacco flavor (since 2020)
New Jersey	Similar to New York; bans flavored vapor products except tobacco
Rhode Island	Flavored vape ban (excluding tobacco/menthol), effective 2025
Utah	Restricts flavored vape products (only tobacco and menthol allowed). New 2025 flavor ban under legal challenge.
Florida	A 2024 law prohibits single-use disposable e-cigarettes marketed to youth; ongoing regulatory enforcement
Maryland	Prohibits sale of flavored disposable e-cigarettes
Illinois	Some restrictions tied to FDA marketing authorizations; flavored disposables targeted
Minnesota	Similar to Illinois, restrictions tied to FDA marketing approvals
North Carolina	New law (effective July 1, 2025) bans sale of disposable vapes not on a state-approved product directory.
Wisconsin	Ban similar to NC, effective Sept 1, 2025; currently facing legal challenges
Mississippi	House Bill 916 (effective Oct 1, 2025): only FDA-authorized or pending Electronic Nicotine Delivery Systems (ENDS) can be sold; 60 day sell through for unlisted products. Also has flavored vape licensing rules.
Connecticut, Delaware, Colorado, Washington, Oregon, D.C.	Have varying restrictions on flavored vapes, online sales, or licensing

What Healthcare Professionals Should Know

For clinicians, these regulations have major implications. Vaping is not an FDA-approved cessation method, and disposable vape use can increase nicotine dependence. Limited product access may drive patients to illicit sellers, where risks of contamination or mislabeled products are higher. Providers should watch for changes in behavior, including relapse to smoking or adverse health effects from counterfeit products. Because bans may disproportionately affect low-income groups, so clinicians must balance equity with safety in their counseling. Staying informed about local laws will help clinicians guide patients more effectively. Restricted access to vaping products means that more people may likely be ready to make a quit attempt. Connecting these people with evidence-based services is key.

What Consumers Should Know

For consumers, products not listed on state directories or those containing banned flavors will soon disappear from shelves. While this may be frustrating, turning to unregulated sellers increases the chance of purchasing unsafe devices. Vaping is not a safe or an FDA-approved method to quit smoking, and continuing to use disposable vapes can make addiction stronger. Losing access to your usual brand might be a good chance to quit altogether. Avoid buying from black-market sellers, as those products are far more likely to be unsafe. Instead, talk to your healthcare provider about safer, proven quitting methods, such as nicotine patches, gum, lozenges, or prescription support (such as varenicline or bupropion), along with counseling.

Key Takeaways for Healthcare Providers

The movement to ban or restrict disposable vapes is gaining momentum nationwide, but public health policy experts warn that many of these “registry laws” aren’t doing enough to protect youth. While a lot of flavored, disposable vapes will disappear from store shelves, people will still have access to hundreds of e-cigarette products that have applied for and are awaiting FDA authorization.

Here are some key takeaways to remember:

Disposable vapes are being restricted or banned in multiple states, including North Carolina, Wisconsin, Mississippi, California, Utah, Florida, Massachusetts, and New York.
Public health policy and tobacco control and prevention experts are pushing for more comprehensive laws. A proposed bill in North Carolina (HB 385) would repeal the existing NC Vapor Registry law, which they say was supported by tobacco industry lobbyists, in favor of a law with stronger protections to prevent youth use.
Vaping is not an FDA-approved tobacco cessation method, and e-cigarette use can lead to deeper nicotine dependence for those trying to quit cigarettes.
Reduced product variety may encourage some people to quit, but it may also drive others toward black-market sources, which are unsafe.
Healthcare professionals should be prepared to counsel patients on safe alternatives and monitor for changes in behavior or health outcomes.
Consumers should stay informed about state laws, avoid black-market products, and consider using proven cessation aids to quit successfully.

Comparison of Tobacco 21 Bill and NC Vapor Registry Law

This chart provides a comparison of the existing NC Vapor Registry Law to a new proposed bill (HB 430) supported by Meg Molly and her team at the Tobacco 21 Coalition that would increase the legal age of sale on all tobacco products to 21 and create more meaningful regulations on the sale of these products.

BEST PRACTICES	HB430/SB318 PROTECT YOUTH FROM THE HARMS OF VAPING & NICOTINE “SOLLY’S LAW”	NC VAPOR REGISTRY LAW
Minimum age of sale is 21	✅	X
	✅ ABC Commission	X (vapor product only) NC Department of Revenue
Retailers pay a Permit or License Fee that can support implementation of the law.	✅	X
Gives the State authority to conduct inspections for permitted tobacco retailers	✅	X
Retailers held responsible for violations thru graduated administrative penalty system	✅	X
Retail sellers must demand proof of age	✅
Age verified if buyer appears under 30 years of age	✅	X
Delivery sellers and remote sellers must verify the age of purchasers	✅	X
Merchant education required	✅
Retail dealers shall prominently display legal age to purchase signs to consumer	✅
Self-service of tobacco products is prohibited	✅
Tobacco products not available in vending machines	✅
Tobacco products must be sold in the manufacturer’s original, sealed and unopened packaging	✅
Unlawful to distribute free samples	✅
Under 21 attempted purchase is a non-criminal infraction	✅
Under 21 fraudulent ID is a Class 2 misdemeanor	✅
Violations for clerks illegally selling tobacco to under persons under age 21	✅ If the clerk is age 21 and over it is a Class 2 misdemeanor and if the clerk is under age 21 it is an infraction
Allows State NC DHHS Synar Checks	✅
Research program allowed to use underage participants	✅
Repeal preemption language	✅	X
Unlawful to sell from a moveable place of business	✅

To learn more about treating your young patients who are using vape products, join us at our upcoming Tobacco Treatment in Adolescent and Young Adult Populations training on January 20, 2026. Visit www.dukeunctts.com/youth to learn more and sign up!

About the Author

Photo of Bolu Abe-Lathan — Bolu Abe-Lathan, PA-C

Bolu Abe-Lathan, PA-C, is a dedicated healthcare professional who is strongly committed to improving the well-being of underserved and marginalized communities. As a Physician Associate at the Duke Smoking and Tobacco Cessation Program, she brings a wealth of knowledge and expertise to the field.

Recently, Bolu completed her Doctorate of Health Science at Campbell University, demonstrating dedication to advancing her knowledge and making meaningful contributions to the field.

With a heart for service and a commitment to equity in healthcare, Bolu Abe-Lathan stands as an exemplary healthcare professional dedicated to making a difference in the lives of those they serve. Her unwavering dedication to the well-being of underserved populations underscores her invaluable contributions to the medical community and the broader field of public health.

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